L.Ravichandran v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD) No.10110 of 2016 L.Ravichandran ... Petitioner -vs1.The Secretary to Government Department of Culture & Archaeological Survey of India, Janpath New Delhi 2.The Director of General & Archaeological Survey of India, Janpath New Delhi-110 011 3.The Superintendent of Archaeology Archaeological Survey of India New Delhi-110 011 4.The Secretary to Government Ministry of Environment & Forest Secretariat, Chennai-600 009
5.The Superintendent of Archaeology Archaeological Chennai Circle Fort St.George, Chennai-600 009 6.The District Collector Sivagangai 7.Tamil Nadu Electricity Generation & Distribution Corporation Ltd., NPKRR Maligai, 144, Anna Salai Chennai-600 002 8.The Superintending Engineer Transmission Line Construction Tamil Nadu Electricity Generation & distribution Corporation Ltd., Sivagangai ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 5 to declare the S.F.No.87 of Kalanivasal Village, Karikudi Taluk, Sivagangai District, as a place of historical importance as per the provisions of Ancient Monuments and Archaeological Sites and Remains Act, 1958 - (Act 24 of 1958) and in consequence thereof restraining the respondents 7 and 8 from drawing electricity line over and above the temple situated in S.F.No.87 of Kalanivasal Village.
For Petitioner :
Mr.P.Ganapathi Subramanian For Respondents :
Mr.P.Paulpandi Senior Panel Counsel for R1 to R3 Mr.N.G.A.Natraj Government Advocate for R4 to R6 Mr.S.Deenadhayalan Standing Counsel for R7 & R8
O R D E R
[Order of the Court was made by D.KRISHNAKUMAR, J.] Prayer in this writ petition is to direct the respondents 1 to 5 to declare the land in S.F.No.87 of Kalanivasal Village, Karikudi Taluk, Sivagangai District, as a place of historical importance as per the provisions of Ancient Monuments and Archaeological Sites and Remains Act, 1958 - (Act 24 of 1958) and in consequence thereof restraining the respondents 7 and 8 from drawing electricity line over and above the temple situated in S.F.No.87 of Kalanivasal Village.
2. Learned Standing Counsel appearing for the respondents 7 and 8, on instructions, submits that 400 KV electric tower for drawal of electric line between Karaikudi and Kamudhi has already been erected in the subject
land and it is in operation from 08.09.2016 onwards and to that effect, he has also produced a copy of the Communication received from the Assistant Engineer, T.L.C. / T.N.E.B., Karaikudi, dated 12.10.2023, before this Court.
3. In view of the above submission and in view of the fact that the relief sought for by the petitioner is to restrain the respondents 7 and 8 from drawing electricity line over and above the subject land, we are not inclined to entertain this writ petition at this length of time.
4. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. [D.K.K., J.] [R.V., J.] 23.01.2024 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No krk
To:
1.The Secretary to Government, Department of Culture & Archaeological, Survey of India, Janpath, New Delhi.
2.The Director of General & Archaeological, Survey of India, Janpath, New Delhi-110 011.
3.The Superintendent of Archaeology, Archaeological Survey of India, New Delhi-110 011.
4.The Secretary to Government, Ministry of Environment & Forest, Secretariat, Chennai-600 009.
5.The Superintendent of Archaeology, Archaeological, Chennai Circle, Fort St.George, Chennai-600 009.
6.The District Collector, Sivagangai.
D.KRISHNAKUMAR , J.
and R.VIJAYAKUMAR, J.
krk and W.M.P.(MD) No.10110 of 2016 23.01.2024